Effective 08-01-97.
Health and Family Services
(CR 97-2):
An order creating ch. HFS 125, relating to do-not-resuscitate bracelets to alert emergency health care personnel of do-not-resuscitate orders.
Effective 08-01-97.
Health and Family Services
(CR 97-8):
An order affecting ch. HSS 70, relating to loans to help pay for group housing for persons recovering from alcohol or other drug abuse.
Effective 08-01-97.
An order creating ch. Jus 9, relating to the deoxyribonucleic acid (DNA) databank.
Effective 08-01-97.
An order affecting ss. PD 1.035, 1.05 and 1.06, relating to the certification of private bar attorneys.
Effective 08-01-97.
An order affecting s. PD 2.06, relating to the assignment of trial division cases to the private bar.
Effective 08-01-97.
The following administrative rule orders have been adopted and published in the June 30, 1997 Wisconsin Administrative Register. Copies of these rules are sent to subscribers of the complete Wisconsin Administrative Code, and also to the subscribers of the specific affected Code.
For subscription information, contact Document Sales at (608) 266-3358.
Agriculture, Trade & Consumer Protection
(CR 96-191):
An order creating s. ATCP 139.04 (11), relating to prohibiting the sale of flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Effective 07-01-97.
An order amending s. Bkg 73.01, relating to adjustment service companies.
Effective 07-01-97.
An order repealing ch. DOD 13 and creating ch. Comm 113, relating to the annual allocation of volume cap on tax-exempt private activity bonds.
Effective 07-01-97.
An order affecting ss. ER 18.01, 18.04 and 18.15, relating to the creation of a catastrophic leave program that permits classified nonrepresented employes to donate certain types and amounts of leave credits to other classified nonrepresented employes who have been granted an unpaid leave of absence due to a catastrophic need and removal of the reference to Good Friday as a legal holiday for state employes.
Effective 07-01-97.
An order affecting ch. HSS 144, relating to immunization of students.
Effective 07-01-97.
An order repealing and recreating s. NR 25.04 (2) (b), relating to the transfer of Great Lakes commercial fishing licenses upon the death or incapacity of the licensee.
Effective 07-01-97.
An order affecting s. NR 25.08 (3) (b), relating to the transfer of individual license catch quotas upon the death or incapacity of the quota holder.
Effective 07-01-97.
An order amending s. NR 10.09 (1) (c) 1. a., relating to the definition of a muzzleloader for the muzzleloader gun deer season.
Effective 07-01-97.
An order affecting ss. NR 10.01, 10.26 and 11.08, relating to sharp-tailed grouse hunting.
Effective 07-01-97.
An order affecting ss. NR 25.06, 25.09, 25.10 and 26.23, relating to the Lake Superior fisheries management plan.
Effective 07-01-97.
An order creating s. NR 5.21 (2), relating to waiver of the slow-no-wake speed restriction on the Wild Rose Mill Pond, Waushara County.
Effective 07-01-97.
An order affecting ss. NR 20.02, 20.03 and 25.06, relating to sport and commercial fishing for yellow perch in Green Bay.
Part effective 07-01-97.
An order affecting ch. Trans 117, relating to occupational driver's license.
Effective 07-01-97.
An order repealing and recreating s. VE 4.01 (3), relating to evidence that would be required (in order to obtain a veterinary license) of a candidate who is not a graduate of a school that has been approved by the Board.
Effective 07-01-97.
An order creating ch. DWD 58, relating to higher quality of care standards for child care providers, and the administration of staff retention grants for providers who meet the higher quality of care standards and quality improvement grants for providers who need assistance in meeting the higher quality of care standards.
Effective 07-01-97.
An order affecting ss. ILHR 100.02 and 132.001 and ch. ILHR 140, relating to unemployment insurance appeal rights and procedures.
Effective 07-01-97.
Final Regulatory Flexibility Analyses
1.
Agriculture , Trade and Consumer Protection
(CR 96-191)
S. ATCP 139.04 (11) - Prohibiting the sale of flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons for use as refrigerants in mobile air conditioners.
Summary of Final Regulatory Flexibility Analysis:
This rule revises ch. ATCP 139, Wis. Adm. Code, related to hazardous substances, by creating s. ATCP 139.04 (11) to prohibit the sale of flammable substances containing butane, propane, mixtures of butane and propane, or other gaseous hydrocarbons when used or intended for use as refrigerants in motor vehicles whose mobile air conditioning systems were not designed and manufactured to use flammable refrigerants.
Refrigerants Used in Mobile Air Conditioning Systems:
Current motor vehicle air conditioning systems are designed by manufacturers to use one of only two refrigerants -- CFC-12 for pre-1993 model year vehicles, and HFC-134a for later year vehicles.
U.S. production of CFC-12 and other Class I ozone-depleting substances ceased on January 1, 1996 under terms of the Federal 1990 Clean Air Act Amendments. Currently, CFC-12 service needs for automotive air conditioning in the U.S. has been estimated at 43.8 million pounds. Current stockpiles of CFC-12, combined with supplies from recycling and reclaiming activities, have been meeting these automotive servicing needs.
As a result of diminishing supplies, the price of CFC-12 has risen dramatically on a statewide and national basis, increasing from about $8 per pound to more than $20 per pound. This has influenced business decisions to market and distribute substitute refrigerants, as well as retrofit supplies for converting CFC-12 systems to HFC-134a refrigerant.
Under federal law, the EPA has authority to review and approve substitutes to CFC-12 and other ozone-depleting substances. To date, the EPA has reviewed and approved nine separate refrigerant substitutes for use in motor vehicle air conditioning. The EPA has also acted to prohibit the general use of two flammable refrigerants -- OZ 12 and HC-12a because of public safety concerns.
Overall Effect on Small Businesses:
This general order prohibits the sale and use of flammable, hydrocarbon-based refrigerants in mobile air conditioning systems. These refrigerant products present an unreasonable public safety risk to motor vehicle owners and auto service technicians.
The Department identified a few businesses in Wisconsin which obtained product inventories, or were engaged in selling or distributing HC-12a to other automotive businesses. The Department issued an emergency rule to prohibit these sales. This rule makes the current sales ban permanent on flammable refrigerants used or intended for use in mobile air conditioning.
Any potential costs borne by businesses with banned inventory can be mitigated to the extent that these businesses seek refunds from distributors or the manufacturer under the refund remedies provided under s. 100.37 (7), Stats. This statute was revised in 1993 to allow businesses and consumers with product inventories purchased prior to a subsequent product ban adopted under Wisconsin's Hazardous Substances Law to demand and receive a refund.
Other refrigerant substitutes approved for use in mobile air conditioning systems are also available in the marketplace, thus eliminating the need for flammable refrigerants as a product in the after-market automotive parts and servicing industry.
